CC DM 20181016 B - 20181002 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 2, 2018
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council for the purpose of a Closed
Session was called to order by Mayor Brooks at 6:10 P.M. at Fred Hesse Community
Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with
affidavit thereto on file.
City Council roll call was answered as follows:
PRESENT: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
ABSENT: None
Also present were Gabriella Yap, Deputy City Manager; William W. Wynder, City
Attorney, Teresa Takaoka, Deputy City Clerk; and, Emily Colborn, City Clerk.
PUBLIC COMMENTS:
None.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Wynder announced the items to be discussed in Closed Session.
1. PENDING LITIGATION – EXISTING LITIGATION
GC Section 54956.9(d)(1)
Case Name: City of Rancho Palos Verdes v. Eric Mark, Superior Court Case No.
BC702161
2. PENDING LITIGATION – POTENTIAL LITIGATION AGAINST THE CITY
GC 54956.9(d)(2) and (e)(1)
A point has been reached where, in the opinion of the legislative body of the local
agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local agency
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:11 P.M., the Council recessed to Closed Session.
ADJOURN TO REGULAR MEETING:
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At 6:42 P.M. the Closed Session was adjourned to the Regular meeting.
REGULAR MEETING – OPEN SESSION
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Brooks at 7:11 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301
Hawthorne Boulevard, notice having been given with affidavit thereto on file.
City Council roll call was answered as follows:
PRESENT: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
ABSENT: None
Also present were Gabriella Yap, Deputy City Manager; William W. Wynder, City
Attorney; Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community
Development; Rudy Monroy, Code Enforcement Officer; Octavio Silva, Associate
Planner; Elias Sassoon, Director of Public Works; Cory Linder, Director of Recreation
and Parks; Daniel Trautner, Deputy Director of Recreation and Parks; Teresa Takaoka,
Deputy City Clerk; and Emily Colborn, City Clerk.
Also present was Captain Beringer, Lomita Station, Los Angeles County Sheriff’s
Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Daniel Trautner, Deputy Director of Recreation and
Parks.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session Nos. 1, and 2,
matters were discussed with no reportable action taken.
MAYOR’S ANNOUNCEMENTS:
Mayor Brooks announced the following: Catalina View Gardens was awarded the Seed
Award from the South Bay Environmental Business Coalition in recognition of their
environmental stewardship; Clean Air Day on October 3, 2018; and, tonight’s meeting to
be adjourned in memory of the victims of the Las Vegas mass shooting and victims of
the massive earthquake and tsunami that struck Indonesia.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
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Mayor Brooks announced Recyclers of the Month from the September 4, 2018, City
Council meeting: Joe Mizuno and A.F. Rubino. She indicated that all winners receive a
check for $250 and urged everyone to participate in the City’s Recycling Program. She
noted that in addition to winning the Recycler Drawing, the two individuals also won a
Personal Emergency Preparedness Kit from the City valued at $60.00.
APPROVAL OF THE AGENDA:
Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank, to approve the
agenda as presented.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
PUBLIC COMMENTS:
City Clerk Colborn reported there were five requests to speak.
Debbie Landes, expressed concern with the inability to adequately measure the density
or intensity of the uses of the Green Hills cemetery.
Sharon Loveys, spoke in regards to the late correspondence that she submitted
regarding the Cemetery and Funeral Bureau Code of Regulations and various City’s
Codes stating noncompliance from Green Hills.
Lori Brown, spoke in support of the Vista Verde residents and stated that she is an
interested party also being affected by developments at Green Hills Cemetery.
Larry Maizlish, relayed information regarding the first ever test of the national
Presidential Alert system scheduled for Wednesday afternoon.
Peggy Sivert Zask, Narissa Drive/Portuguese Bend/Zone 6 resident, spoke regarding
the General Plan Update stating feedback from residents in the landslide area should
be include as part of the landslide remediation study and any future plans.
CITY MANAGER REPORT:
Assistant City Manager Yap announced the following: gave an update on the situational
awareness seminar hosted by all four peninsula cities; relayed information on recent
automobile break-ins at PVIC and Abalone Cove; and reviewed the City’s political sign
Ordinance.
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CONSENT CALENDAR:
Mayor Pro Tem Duhovic moved, seconded by Dyda, to approve the Consent Calendar
with Item D removed and to be heard after Regular Business.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
A. Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members
after the reading of the title.
B. Approval of Minutes
Approved the Minutes of the August 21, 2018 Regular meeting.
C. Register of Demands
Adopted Resolution No. 2018-76, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND
DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE
PAID.
D. Consideration and possible action to approve the proposed FY18-19 Work
Plans for the Finance Advisory Committee, Emergency Preparedness
Committee, Traffic Safety Committee and Infrastructure Management Advisory
Committee.
This item was removed from the Consent Calendar for separate consideration.
E. Consideration and possible action to approve a settlement agreement and
stipulated permanent injunction with Eric Mark and the Eric Mark Trust to
settle the City of Rancho Palos Verdes v. Eric Mark et al. case.
Approved settlement and stipulated permanent injunction with Eric Mark and the Eric
Mark Trust.
F. Consideration and possible action regarding the August 2018 Cash Balances/
Monthly Treasurer’s Report.
Received and filed the August 2018 Cash Balances/Monthly Treasurer’s Report.
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G. Consideration and possible action authorizing the Amendment and
Restatement of the Agreement for the Traffic Signal Maintenance Agreement
FY17-18 through FY20-21 with Econolite Systems.
Approved the Amended & Restated Agreement to the Traffic Signal Maintenance
Agreement FY17-18 through FY20-21 with Econolite Systems.
H. Consideration and possible action to award a construction contract for the
Santa Monica Bay Catch Basin Insert Project and appropriate funds to
complete the project.
(1) Approved the specifications for the Santa Monica Bay Catch Basin Insert Project;
(2) Awarded a construction contract to United Storm Water, Inc. in the amount of
$744,943; (3) Authorized the City Manager or Director of Finance to execute
contract for project contingency up to an additional 10% ($74,495) for project budget
for a total construction authorization of $819,438; (4) Awarded a Professional
Services Agreement to PSOMAS for Construction Management and Inspection
Services in the amount of $226,680; and, (5) Authorized the Mayor and City Clerk to
execute the Construction and Professional Services Agreements; subject to
approval as to form by the City Attorney.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
None.
REGULAR BUSINESS:
1. Consideration and possible action to receive and file a report on City-wide
measures to address coyote issues.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there were two requests to speak.
Janet Schoenfeld, spoke in support of the item and Staff recommendation.
Noel Park, spoke in opposition of the item and the measures being proposed to address
the coyote issues.
Tracy Burns, suggested a similar plan/process implemented in the City of Rolling Hills
with a more efficient Wildlife Watch program that does not use a tiered response to
aggressive coyote behavior.
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Rudy Monroy, Code Enforcement Officer, presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Councilman Alegria moved, seconded by Councilman Dyda, to receive and file a report
on measures that the City is implementing to address coyote issues as amended: (1)
the goal of the Plan is to encourage and support coexistence with urban coyotes; and,
(2) prohibit the feeding of coyotes.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
Mayor Brooks called for a brief recess at 8:35 P.M. The meeting reconvened at 8:56
P.M.
2. Consideration and possible action to amend Exception Category ‘T’ of Chapter
15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and
Construction) of the Rancho Palos Verdes Municipal Code as it relates to
residential development within Zone 1 of the Landslide Moratorium Area (Case
No. PLCA2018-0001).
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there were four requests to speak.
Octavio Silva, Associate Planner, presented a staff report and PowerPoint presentation.
Ellen Wright and Joan Wright spoke in opposition of the item and the developments and
activities at the Catalina View location.
Bob Nelson and Jim York spoke in favor of the item.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank, to (1)
Introduce Ordinance No. 610, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING EXCEPTION CATEGORY ‘T’ CHAPTER 15.20 (MORATORIUM
ON LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO EXCLUDE NON-HABITABLE
ACCESSORY STRUCTURES FROM THE MAXIMUM STRUCTURE SIZE LIMITATION
OF RESIDENTIAL BUILDINGS AND ACCESSORY STRUCTURES WITHIN ZONE 1
OF THE LANDSLIDE MORATORIUM AREA AND TO ALLOW RESIDENTIAL
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BUILDINGS AT A MAXIMUM HEIGHT OF 26’, WITH THE APPROVAL OF A HEIGHT
VARIATION PERMIT (CASE NO. PLCA2018-0001); and,
(2) Adopt Resolution No. 2018 - 77, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 1 TO A
PREVIOUSLY-ADOPTED MITIGATED NEGATIVE DECLARATION, AS IT RELATES
TO EXCEPTION CATEGORY ‘T’ AND ASSOCIATED RESIDENTIAL DEVELOPMENT
WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
3. Consideration and possible action to repeal and replace Chapter 8.16 (Weed
and Debris Blowers) of Title 8 (Health and Safety) of the City’s Municipal Code
to prohibit the use of gas-powered blowers on lots developed with a single-
family residential unit.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there was two requests to speak.
Mario Arellano, Associate Planner, presented a staff report and PowerPoint
presentation.
Noel Park and Donald Page spoke in support of the item.
Discussion ensued among Council Members and Staff.
Mayor Brooks moved, seconded by Councilman Alegria, to introduce Ordinance No.
611, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING
AND REPLACING CHAPTER 8.16 (WEED AND DEBRIS BLOWERS) OF TITLE 8
(HEALTH AND SAFETY) OF THE CITY’S MUNICIPAL CODE REGULATING THE USE
OF GAS-POWERED BLOWERS AND PROHIBITING THE USE OF GAS-POWERED
BLOWERS ON LOTS DEVELOPED WITH A SINGLE-FAMILY RESIDENTIAL UNIT
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
This item was removed by Mayor Pro Tem Duhovic from the Consent Calendar for
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separate consideration.
D. Consideration and possible action to approve the proposed FY18-19 Work
Plans for the Finance Advisory Committee, Emergency Preparedness
Committee, Traffic Safety Committee and Infrastructure Management Advisory
Committee.
Discussion ensued among Council Members and Staff.
Mayor Brooks moved to extend the meeting to 10:30 P.M. Without objection, Mayor
Brooks so ordered.
Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to revert item back
to Staff with advice from Council and bring back work plans for approval at future
meeting(s).
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
None.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings
ADJOURNMENT:
At 10:24 P.M., Mayor Brooks adjourned to 6:00 P.M. on October 16, 2018, for a Closed
Session meeting and 7:00 P.M. for a Regular meeting.
Mayor Brooks adjourned in memory of the victims of the Las Vegas mass shooting and
victims of the massive earthquake and tsunami that struck Indonesia.
/s/Susan Brooks
Mayor
Attest:
/s/Emily Colborn
City Clerk